Đòi lại đất cho mượn nhiều năm có được không? (Luật sư Lê Bình Phương phân tích)Can You Reclaim Land Lent Out for Many Years? (Analysis by Lawyer Lê Bình Phương)

Reference translation for convenience. The Vietnamese version is the authoritative text.

Overview

“I lent out land more than 20 years ago, and now my children and grandchildren have nowhere to live — can I reclaim it?” — this is a question lawyer Lê Bình Phương receives every week. The problem is all the more complex when the land was originally lent only by oral agreement, with no documents, and the borrower has farmed or built a house there stably for decades.

The short answer: it can be reclaimed, but the likelihood of success depends heavily on the evidence and the legal status of the plot at the time the lawsuit is filed.

Relevant Legal Provisions

Civil Code 2015 — Article 494 (Contract for the borrowing of property):

“A contract for the borrowing of property is an agreement between the parties whereby the lender delivers property to the borrower for use for a period of time without payment, and the borrower must return that property when the borrowing term ends or the purpose of the borrowing has been achieved.”

Civil Code 2015 — Article 499 (Return of borrowed property):

“The borrower must return the borrowed property on time; if there is no agreement on the time for returning the property, the borrower must return it immediately after the purpose of the borrowing has been achieved.”

Civil Code 2015 — Article 166 (Right to reclaim property): The owner, or a person holding another right over the property, has the right to reclaim the property from a person possessing, using, or benefiting from it without a legal basis.

Land Law 2024 — Article 138 (Issuance of a Land Use Right Certificate to households and individuals using land without documents): Sets out the conditions for recognising land use rights for those using land stably, continuously, without dispute, and in conformity with planning.

Case law: In many civil judgments of the Supreme People’s Court and provincial People’s Courts, the courts have established a consistent view: lending land is entirely different from transferring it — it does not give rise to ownership by the borrower, no matter how many years the land has been borrowed.

Analysis and Application

According to lawyer Lê Bình Phương, reclaiming lent land requires proving three core elements:

Element 1 — The land originates with the lender: There must be a Land Use Right Certificate, an old red-book title, earlier documents evidencing land use rights, or testimony from neighbours or hamlet/commune officials confirming that the land was cleared, purchased, or inherited by the lender’s family.

Element 2 — A lending relationship (not a gift or a transfer): This is the hardest element where there are no documents. Indirect evidence includes: testimony from witnesses contemporaneous with the lending, messages or recordings in which the borrower acknowledges it, a verification record from the commune-level People’s Committee, and the borrower’s past contributions of effort or gifts to the lender.

Element 3 — The borrower has no basis for establishing land use rights: Check whether the borrower has been issued a Certificate, in whose name non-agricultural land use tax has been paid, and whether any land declaration has been registered.

A risk to be aware of: If the borrower has lived there stably for over 30 years, has been confirmed by the commune-level People’s Committee as using the land without dispute, and has registered a declaration and met financial obligations, then under the Land Law 2024 they have a basis to be issued a Certificate. In that case the original lender will find it very hard to reclaim the land — they must sue early and have strong evidence.

Real-World Situation

In 1990, Mr T lent his cousin Mr H 500m² of garden land in their home village so that Mr H could build a temporary house to live in, by an oral agreement that “he would return it whenever Mr T’s children came back to the village.” In 2025, when Mr T’s son returned to build a house, Mr H insisted the land was his because he had lived there for 35 years, held a confirmation from the hamlet chief, and had declared the land since 2001.

The lawyer’s analysis: Mr T needs to prove the land’s origin with (1) the old 1986 cadastral map bearing his father’s name, (2) testimony from 03 witnesses contemporaneous with 1990, and (3) a thank-you letter Mr H once sent for “lending the land.” At the same time, he must prove that Mr H’s 2001 declaration bore no confirming signature from Mr T — this was a unilateral declaration, which does not establish lawful land use rights where the land already has another rightful user.

The lawsuit lasted 02 years at the regional People’s Court, and in the end Mr T won — the court ordered Mr H to return the land, but Mr T had to reimburse the value of the effort spent improving and cultivating the land, as appraised.

Frequently Asked Questions

If land was lent for 30 years with no documents, can it be reclaimed? → It can still be reclaimed, but it is much harder than where there are documents.

According to lawyer Lê Bình Phương, the key is to prove that the land originates with the lender and that the original handover was a loan — not a gift. The longer it is left, the more the evidence fades, the more the witnesses age, and the higher the risk of losing the case.

Can a borrower who has used the land for many years be recognised as having land use rights? → Possibly, if they fully meet the conditions of stable, continuous, dispute-free use.

According to lawyer Lê Bình Phương, this is the biggest risk of lending land without documents. When the lender discovers the borrower is carrying out procedures to obtain a certificate, the lender must immediately file an objection with the commune-level People’s Committee and the Land Registration Office to block it.

What is the limitation period for suing to reclaim lent land? → There is no limitation period for a claim to reclaim property.

According to lawyer Lê Bình Phương, this is a legal point many people do not know. However, a claim for damages or for land-use payments during the period of lending is subject to a 03-year limitation period, so it must be clearly separated in the statement of claim.

Important Notes

Lending land should always be done by a notarised written document that clearly states the term, the purpose of the loan, the boundaries of the plot, and a commitment to return it. During the loan period, the lender should periodically (every 2–3 years) obtain a confirmation record from the commune-level People’s Committee about the loan in order to preserve evidence.

When the lender notices signs of the borrower trying to appropriate the land — declaring the land, carrying out procedures to obtain a certificate, building a permanent house — they must act immediately: file an objection with the competent authority, gather evidence, and prepare to sue. The longer it is left, the easier it is to lose the land.

Related Articles

• Land disputes — common types and how to handle them
• Land disputes without a red-book certificate — how to handle them
• What to do to reclaim your land when a neighbour encroaches on it
• Can you get back land registered in someone else’s name?

Conclusion

Reclaiming lent land with no documents is a race between evidence and time. The law sets no limitation period for reclaiming property, but the longer it is left, the weaker the evidence becomes and the stronger the borrower’s basis for being recognised as having land use rights. When you notice signs of risk, act early and consult a lawyer specialising in land matters.

See also: Who is Lawyer Lê Bình Phương?